Article 38 Supplementary provisions as to dividendI1

England and Wales

(1)

In the calculation and distribution of a dividend the energy administrator shall make provision for—

(a)

any debts which appear to him to be due to persons who, by reason of the distance of their place of residence, may not have had sufficient time to tender and establish their proofs;

(b)

any debts which are the subject of claims which have not yet been determined; and

(c)

disputed proofs and claims.

(2)

A creditor who has not proved his debt before the declaration of any dividend is not entitled to disturb, by reason that he has not participated in it, the distribution of that dividend or any other dividend declared before his debt was proved, but—

(a)

when he has proved that debt he is entitled to be paid, out of any money for the time being available for the payment of any further dividend, any dividend or dividends which he has failed to receive; and

(b)

any dividends payable under sub-paragraph (a) shall be paid before the money is applied to the payment of any such further dividend.

(3)

No action lies against the energy administrator for a dividend; but if he refuses to pay a dividend the court may, if it thinks fit, order him to pay it and also to pay, out of his own money—

(a)

interest on the dividend, at the rate for the time being specified in section 17 of the Judgments Act 1838^f1, from the time when it was withheld; and

(b)

the costs of the proceedings in which the order to pay is made.

Annotations

Commencement

I1: Rule 38 in force at 1.10.2005, see rule 1

Footnotes

f1: 1838 c. 110, as amended by the Civil Procedure Acts Repeal Act 1879, section 2, Schedule 1, Part 1, the Statute Law Revision (No. 2) Act 1888, S.I. 1993/564, article 2, 1998/2940, article 3(a), (b) and (c).